TERMS OF USE

Last Updated Date: 3/21/2024

ACCEPTANCE OF TERMS OF USE
These terms and conditions, together with any documents expressly incorporated therein by reference (collectively, “Terms of Use”) are entered into by and between you and New Era Cap, LLC (“New Era”, “we”, “us” or “our”) and govern your access to and use of www.neweracap.com, including any content, functionality, services and products offered on or through the website at www.neweracap.com (“Site”).

Please read these Terms of Use carefully before you start using the Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THE THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT WWW.NEWERACAP.COM/PAGES/PRIVACY-POLICY AND INCORPORATED HEREIN BY THIS REFERENCE, AND TO ALL APPLICABLE LAWS. PLEASE NOTE IF YOU ARE ON THE SITE FOR THE PURPOSE OF PURCHASING PRODUCT, YOUR PURCHASE WILL BE CONDITIONED UPON THE REQUIREMENT THAT YOU AGREE TO ACCEPT ANY SPECIFIC TERMS (DEFINED BELOW), INCLUDING THOSE IN THE TERMS AND CONDITIONS FOR PURCHASES POLICY, OUR REFUND POLICY AND RETURN POLICY DISCUSSED BELOW.

1. If you do not agree to these Terms of Use, you may not access or otherwise use the Site. OWNERSHIP OF CONTENT, TRADEMARKS AND INTELLECTUAL PROPERTY

New Era owns, controls, and/or has licensed all right, title and interest in and to the Site and all content featured or displayed on the Site, including, but not limited to, text, images, moving images, photographs, illustrations, graphics, visuals, audio, video, copy, software, software code, data, features, functionality, and the look and feel, design and organization of the Site ("Content"), and the compilation of the Content, including but not limited to any copyrights, trademark rights, trade dress rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. The Site, its Content and all related rights shall remain the exclusive property of New Era, its licensors or other content providers and any rights not expressly granted are reserved by New Era.

These Terms of Use permit you to use the Site only for your personal, non-commercial use. Any other access or use of the Content is prohibited. Your use of the Site does not grant to you any rights of ownership of, or a license to, any Content, compilation or intellectual property you may access on the Site. You may not modify any of the Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, download, retransmit via any means or reuse, license, create derivative works from, transfer or sell any Content or any portion or element of the Site, except as follows: you may view the Content on the Site on your computer or other Internet compatible device for your personal, non-commercial use only. Furthermore, if we provide features to certain Content (e.g., links), you may take such actions as are enabled by such features. You may not remove any copyright, trademark or other proprietary notices from any Content or any portion or element of the Site. Any use of the Site or its Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may also be a violation of copyright, trademark or other laws.

All trademarks, service marks and trade names of New Era used on the Site (including, but not limited to the registered marks NEW ERA, NEW ERA CAP, 59FIFTY, 9FIFTY, 49FORTY, 9FORTY, 39THIRTY, 9TWENTY and other trademarks, service marks and trade names of New Era now owned, used and/or registered or later owned, used and/or registered by New Era or its affiliates; and New Era’s registered Flag logo, lockup logos, visor stickers, taping, tags and labels) are trademarks or registered trademarks of New Era or its affiliates, unless stated otherwise. All other names, logos, product and service names, designs, tag lines and slogans on the Site are the trademarks or other intellectual property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark or other intellectual property displayed on the Site without the express prior written permission of New Era or the owner of any third-party trademark or intellectual property, as applicable. Your unauthorized use or misuse of the trademarks or other intellectual property displayed on the Site is strictly prohibited.

Any commercial distribution, publishing or exploitation of any Content or any portion or element of the Site is strictly prohibited unless you have received the express prior written permission of New Era or the applicable rights holder. New Era reserves the right to enforce its intellectual property rights to the fullest extent of the law.

2. UNSOLICITED IDEAS

Information submitted or provided to us through the Site regarding New Era or the Site or New Era’s products, including but not limited to submission of ideas for new products, inventions and designs, feedback, recommendations or other information provided by you (“Ideas”), shall be deemed to be non-confidential. New Era shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into the Site or any of its products any Ideas, and New Era shall be free to copy, reproduce, use, disclose, distribute and commercially exploit such Ideas in any manner, without limitation or attribution. You warrant and agree that you shall not propose any Ideas that you know or suspect to be the property of any other party or the use of which may infringe the rights of another party.

3. USER CONDUCT

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy located at www.neweracap.com/pages/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

You warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your identity or affiliation with any other person or entity; (b) use payment information (i.e. credit card, debit card) or personal information (including without limitation name, address, telephone number) of any other person; (c) upload, post, transmit, reproduce, distribute or otherwise publish or in any way exploit any Content, information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (d) transmit or post any material which is or may be harassing, threatening, false, fraudulent, likely to be misleading, inflammatory, libelous, obscene, lewd, lascivious, filthy, excessively violent, pornographic, abusive, defamatory vulgar, offensive, profane, sexually explicit or indecent, or be illegal; (e) attempt to gain unauthorized access to other computer systems through the Site; (f) restrict or inhibit any other user from using and enjoying the Site or the Site's services or which, in our judgment, may harm New Era or other users of the Site; (g) engage in, encourage or assist conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (h) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right; (i) upload, post, transmit, reproduce, distribute or otherwise publish material containing (1) a virus, spyware, or other malicious or technologically harmful component, (2) advertising, chain letters or pyramid schemes of any kind, or (3) information which would constitute or which contains false or misleading indications of origin, endorsement or statements of fact; or (j) attempt to gain unauthorized access to interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

You may use the Site only for lawful purposes and in accordance with these Terms of Use. In addition to the prohibitions in the previous paragraph, you agree not to: (i) use any robot or engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site or the services offered on or through the Site, including without limitation any information residing on any server or database connected to the Site or the services offered on or through the Site; (ii) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (iii) use the Site or the Site's services or information presented on the Site to train (directly or indirectly) any artificial intelligence program; or (iv) use the Site or the Site’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site's services, or any content thereof, or make unauthorized use thereof.

We may, from time to time, make a messaging service, chat service, bulletin board, other forums and the like available on the Site. Use of any such services is subject to the prohibitions above and any other obligations, terms and conditions, rules or regulations that we may post in connection with such a service, bulletin board or forum.

You alone are responsible for the content and consequences of any of your activities. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Site or through the Site's services by users, and we are not responsible for any such materials posted by users. However, we reserve the right at all times to cooperate with and disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use, our policies, or applicable law.

You agree that if you include a link from any other web site to the Site, such link shall open in a new browser window. You agree not to link from any other web site to this Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the Site from your website at any time for any reason.

4. TERMS AND CONDITIONS FOR PURCHASES POLICY

These provisions shall be referred to herein as the “Terms and Conditions for Purchases Policy”.
Among other things, we provide information on our Site concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. The Terms of Use and the information provided by us in no way override the terms and conditions that are a condition of your purchase of any product or service, except as specifically provided herein. To the extent any area within the Site or functionality within the Site is conditioned upon your agreement to specific terms and conditions concerning its use ("Specific Terms"), such as agreeing to this Terms and Conditions of Purchase Policy, agreeing to the Return Policy at https://help.neweracap.com/hc/en-us/articles/4420802023693-Return-Policy, and agreeing to the Refund Policy at www.neweracap.com/policies/refund-policy, those Specific Terms are to apply in addition to the Terms of Use. To the extent there is a direct conflict between the Terms of Use and the Specific Terms, the Specific Terms shall prevail. Furthermore, if you are ordering Products and agree to the provisions of this Terms and Conditions for Purchases Policy, you are representing and warranting that you are domiciled in the United States or a designated territory to which we conduct product deliveries and you are 18 year old or older (or at least the legal age to contract in the jurisdiction where you reside, if higher than 18).

All prices displayed on the Site are quoted in U.S. dollars. We may restrict delivery to addresses within the United States and Canada. We will add shipping and handling fees and applicable sales/use tax as necessary. Title and risk of loss pass to you upon the transfer of the products to the carrier. All delivery dates are estimates only. We are not liable for any delays in shipments. See Shipping Services and Rates at https://help.neweracap.com/hc/en-us/sections/360006492292-Shipping-Services-and-Rates for additional terms and conditions that apply to your orders.

We reserve the right, without prior notice, to discontinue or change specifications and prices on products and services offered on the Site without incurring any obligation to you. Products displayed on the Site are available while supplies last. You agree that your order is an offer to buy, under this Terms and Conditions for Purchase Policy, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. Prior to our processing and/or acceptance of an order, verification of information may be required. The receipt by you of an order confirmation does not constitute our acceptance of an order. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason. We reserve the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error or other inaccuracy or omission, we shall have the right to correct any errors, inaccuracies, or omissions at any time and to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your payment card charged. If your payment card has already been charged for the purchase and your order is canceled by us, we shall promptly issue a credit to your payment card account in the amount of the incorrect price and you shall be required to return the product purchased to us at our expense. You agree to pay in full the prices for any purchases you make either by payment card (e.g., credit or debit card) concurrent with your online order or by other payment means acceptable to us. You agree to pay all applicable taxes. If payment is not received by us from your payment card issuer or its agents, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell for commercial purposes any products purchased through this Site.

See our Return Policy at https://help.neweracap.com/hc/en-us/articles/4420802023693-Return-Policy and our Refund Policy at www.neweracap.com/policies/refund-policy for additional terms and conditions that are applicable and are to be followed for returns and refunds.

5. THIRD-PARTY WEB SITES

You may be able to link from the Site to third-party web sites or from third-party web sites to the Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites.

We disclaim any liability for Linked Sites. We do not guarantee or make any representation regarding the standards of or conduct on any Linked Sites nor shall we be held responsible for the contents of Linked Sites, or any subsequent links or any damage that may arise from use of them. For this reason, we do not represent or warrant that the contents of any Linked Site or other third-party web site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, we are not responsible for web casting or any other form of transmission received from any Linked Site. Any reliance on the contents of a Linked Site or other third-party web site is done at your own risk, you are subject to the terms and conditions of use for such Linked Sites, and you assume all responsibilities and consequences resulting from such reliance.

6. DISCLAIMER OF WARRANTIES

EXCEPT AS PROVIDED IN THE RETURN POLICY AT HTTPS://HELP.NEWERACAP.COM/HC/EN-US/ARTICLES/4420802023693-RETURN-POLICY AND THE REFUND POLICY AT WWW.NEWERACAP.COM/POLICIES/REFUND-POLICY, NEW ERA MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE, OR ANY LINKED SITE, INCLUDING THE PRODUCTS, CONTENT, INFORMATION AND MATERIALS ON THE SITE OR LINKED SITE, OR THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, AVAILABILITY OR TIMELINESS OF THE CONTENT, INFORMATION AND MATERIALS. WE ALSO DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE ACCURATE, UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT WWW.NEWERACAP.COM OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITE. IN ADDITION, TO THE FULLEST EXTEND PERMITTED BY LAW, NEW ERA HEREBY EXCLUDES ALL WARRANTIES RELATING TO THE QUALITY OF, AND/OR COMPLIANCE WITH THE DESCRIPTION ON THIS SITE, OF ANY PRODUCTS SOLD OR SUPPLIED VIA THIS SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

7. LIMITATION OF LIABILITY

YOUR USE OF THE SITE AND PURCHASE OF PRODUCTS FROM THIS SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UNDER NO CIRCUMSTANCES SHALL NEW ERA OR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS CLAUSE SHALL AFFECT NEW ERA’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE.

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless New Era and its subsidiaries, affiliates, and each of its and their officers, directors, members, managers, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your use or misuse of this Site (including your placement or transmission of any message, content, information, software or other materials through the Site, or any negligent or wrongful conduct) by you or any other person accessing this Site using your computer or Internet account. New Era reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with New Era's defense of such claim.

9. APPLICABLE LAWS

We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

10. TERMINATION

We may terminate, change, suspend or discontinue any aspect of the Site or the Site's services at any time. We may restrict, suspend or terminate your access to the Site and/or its services, with or without cause.

11. GOVERNING LAW

The Terms of Use and the relationship between you and us shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under these Terms of Use shall be commenced and be heard in the appropriate court in the State of New York, County of Erie. You agree to submit to the personal and exclusive jurisdiction of the courts located within Erie County in the State of New York. All parties to these terms and conditions waive their respective rights to a trial by jury.

12. MISCELLANEOUS

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect.

13. COPYRIGHT INFRINGEMENT NOTIFICATION

To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you prefer to contact us via email, please email us at legal.requests@neweracap.com with the word "Copyright" in the subject line.

Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

The provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.

To file a counter notification with us, you must provide a written communication (by regular mail or email to legal.requests@neweracap.com with the phrase "Copyright Counter Notification" in the subject line) that sets forth the items specified below.

Identify the specific URLs or other unique identifying information of material that New Era has removed or to which New Era has disabled access.

Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Erie County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."

Sign the paper.
Send the written communication to the following address:
New Era Cap, LLC
160 Delaware Avenue
Buffalo, NY 14202
Attn: Legal Department.
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

14. CHANGES TO THE SITE

We may change the Terms of Use at any time at our discretion and without notice to you, by posting such changes on the Site. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. You should review these Terms of Use before purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

15. HOW YOU CAN CONTACT US

This Site is owned and operated by New Era Cap, LLC. All notices of copyright infringement claims should be sent to the address provided above. If you have any questions or other comments about the Site or any of our services, please write to us at: legal.requests@neweracap.com.